PREMISES; COMMON AREAS. 1.1 Subject to all of the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises. The property shown on Exhibit A to this Lease and all improvements thereon and appurtenances on that land thereto, including, but not limited to, the Building, other office buildings, access roadways, and all other related areas, shall be collectively hereinafter referred to as the “Project.” Tenant acknowledges and agrees that Landlord may elect to sell one or more of the buildings within the Project and that upon any such sale Tenant’s pro-rata share of those Operating Expenses and Taxes (each as defined below) allocated to the areas of the Project other than buildings may be adjusted accordingly by Landlord. The parties hereto hereby acknowledge that the purpose of Exhibit A and Exhibit B are to show the approximate location of the Premises in the Building and the general layout of the Project and such Exhibits are not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the Building or the Project, the precise area of the Premises, the Building or the Project or the specific location of the Building, “Common Areas,” as that term is defined in Section 1.3, below, or the elements thereof or of the accessways to the Premises, or the Project, or the identity or existence of any other tenant or occupant of the Project. 1.2 For purposes of this Lease, (1) “rentable area” and “usable area” shall be calculated pursuant to the Standard Method for Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.1, 1996); (2) “rentable square feet” and “rentable footage” shall have the same meaning as the term “rentable area;” and (3) “usable square feet” and “usable square footage” shall have the same meaning as the term “usable area.” Notwithstanding anything to the contrary in this Lease, although the recital of the rentable area herein above set forth is for descriptive purposes only, it shall be deemed binding upon both parties. Tenant shall have no right to terminate this Lease or receive any adjustment or rebate of any Base Rent or Additional Rent (as hereinafter defined) payable hereunder if said recital is incorrect. Tenant has inspected the Premises and is fully familiar with the scope and size thereof and agrees to pay the full Base Rent and Additional Rent set forth herein in consideration for the use and occupancy of said space, regardless of the actual number of square feet contained therein. 1.3 Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the rules and regulations referred to in Article 27 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to such reasonable and non-discriminatory rules, regulations and restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that in exercising its rights under this sentence, Landlord shall make commercially reasonable efforts to minimize the disruption to Tenant’s business operations during standard business hours. Subject to “Applicable Laws,” as that term is defined in Section 5.1(a) of this Lease, except when and where Tenant’s right of access is specifically excluded in this Lease, and except in the event of an emergency, Tenant shall have the right of access to the Premises, the Building, and the parking facilities servicing the Building twenty-four (24) hours per day, seven (7) days per week during the “Term,” as that term is defined in Section 2.1, below.
Appears in 2 contracts
Sources: Lease Agreement (Allakos Inc.), Lease Agreement (Allakos Inc.)
PREMISES; COMMON AREAS. 1.1 Subject to all of the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises. The property shown on Exhibit A to this Lease and all improvements thereon and appurtenances on that land thereto, including, but not limited to, the Building, other office buildings, access roadways, and all other related areas, shall be collectively hereinafter referred to as the “Project.” Tenant acknowledges and agrees that Landlord may elect to sell one or more of the buildings within the Project and that that, subject to Section 5.1(b), upon any such sale Tenant’s pro-rata share of those Operating Expenses and Taxes (each as defined below) allocated to the areas of the Project other than buildings may be adjusted accordingly by Landlord. The parties hereto hereby acknowledge that the purpose of Exhibit A and Exhibit B are to show the approximate location of the Premises in the Building and the general layout of the Project and such Exhibits are not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the Building or the Project, the precise area of the Premises, the Building or the Project or the specific location of the Building, “Common Areas,” as that term is defined in Section 1.3, below, or the elements thereof or of the accessways to the Premises, or the Project, or the identity or existence of any other tenant or occupant of the Project.
1.2 For purposes of this Lease, (1) “rentable area” and “usable area” shall be calculated pursuant to the Standard Method for Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.1, 1996); (2) “rentable square feet” and “rentable footage” shall have the same meaning as the term “rentable area;” and (3) “usable square feet” and “usable square footage” shall have the same meaning as the term “usable area.” Notwithstanding anything to the contrary in this Lease, although the recital of the rentable area herein above set forth is for descriptive purposes only, it shall be deemed binding upon both parties. Tenant shall have no right to terminate this Lease or receive any adjustment or rebate of any Base Rent or Additional Rent (as hereinafter defined) payable hereunder if said recital is incorrect. Tenant has inspected the Premises and is fully familiar with the scope and size thereof and agrees to pay the full Base Rent and Additional Rent set forth herein in consideration for the use and occupancy of said space, regardless of the actual number of square feet contained therein.
1.3 Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the rules and regulations referred to in Article 27 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord for use in common by Landlord, Tenant and any other tenants of the Project, in its discretion, including certain areas previously designated for the exclusive use of certain tenants, or previously shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord for use in common by Landlord, Tenant and any other tenants of the Project. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord for use in common by Landlord, Tenant and any other tenants of the Building. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to such reasonable and non-discriminatory egalitarian rules, regulations and restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that in exercising its rights under this sentence, Landlord shall make commercially reasonable efforts to minimize the disruption to Tenant’s business operations during standard business hours. Subject to “Applicable Laws,” as that term is defined in Section 5.1(a) of this Lease, except when and where Tenant’s right of access is specifically excluded in this Lease, and except in the event of an emergency, Tenant shall have the right of access to the Premises, the Building, and the Common Areas including parking facilities servicing the Building twenty-four (24) hours per day, seven (7) days per week during the “Term,” as that term is defined in Section 2.1, below.
Appears in 2 contracts
Sources: Lease Agreement (Talend SA), Lease Agreement (Talend SA)
PREMISES; COMMON AREAS. 1.1 Subject to all of the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises. The property shown on Exhibit A to this Lease and all improvements thereon and appurtenances on that land thereto, including, but not limited to, the Building, other office buildings, access roadways, and all other related areas, shall be collectively hereinafter referred to as the “Project.” Tenant acknowledges and agrees that Landlord may elect to sell one or more of the buildings within the Project and that upon any such sale Tenant’s pro-rata share of those Operating Expenses and Taxes (each as defined below) allocated to the areas of the Project other than buildings may be adjusted accordingly by Landlord. The parties hereto hereby acknowledge that the purpose of Exhibit A and Exhibit B are to show the approximate location of the Premises in the Building and the general layout of the Project and such Exhibits are not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the Building or the Project, the precise area of the Premises, the Building or the Project or the specific location of the Building, “Common Areas,” as that term is defined in Section 1.3, below, or the elements thereof or of the accessways to the Premises, or the Project, or the identity or existence of any other tenant or occupant of the Project.
1.2 For purposes of this Lease, (1) “rentable area” and “usable area” shall be calculated pursuant to the Standard Method for Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.1, 1996); (2) “rentable square feet” and “rentable footage” shall have the same meaning as the term “rentable area;” and (3) “usable square feet” and “usable square footage” shall have the same meaning as the term “usable area.” Notwithstanding anything to the contrary in this Lease, although the recital of the rentable area herein above set forth is for descriptive purposes only, it shall be deemed binding upon both parties. Tenant shall have no right to terminate this Lease or receive any adjustment or rebate of any Base Rent or Additional Rent (as hereinafter defined) payable hereunder if said recital is incorrect. Tenant has inspected the Premises and is fully familiar with the scope and size thereof and agrees to pay the full Base Rent and Additional Rent set forth herein in consideration for the use and occupancy of said space, regardless of the actual number of square feet contained therein.
1.3 Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the rules and regulations referred to in Article 27 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to such reasonable and non-discriminatory rules, regulations and restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that in exercising its rights under this sentence, Landlord shall make commercially reasonable efforts to minimize the disruption to Tenant’s business operations during standard business hours. Subject to “Applicable Laws,” as that term is defined in Section 5.1(a) of this Lease, except when and where Tenant’s right of access is specifically excluded in this Lease, and except in the event of an emergency, Tenant shall have the right of access to the Premises, the Building, and the parking facilities servicing the Building twenty-four (24) hours per day, seven (7) days per week during the “Term,” as that term is defined in Section 2.1, below.
Appears in 2 contracts
Sources: Lease Agreement (Adicet Bio, Inc.), Lease Agreement (resTORbio, Inc.)
PREMISES; COMMON AREAS. 1.1 Subject to all of the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises. The property shown on Exhibit A to this Lease and all improvements thereon and appurtenances on that land thereto, including, but not limited to, the Building, other office buildings, access roadways, and all other related areas, shall be collectively hereinafter referred to as the “Project.” Tenant acknowledges and agrees that Landlord may elect to sell one or more of the buildings within the Project and that upon any such sale Tenant’s pro-rata share of those Operating Expenses and Taxes (each as defined below) allocated to the areas of the Project other than buildings may be adjusted accordingly by Landlord. The parties hereto hereby acknowledge that the purpose of Exhibit A and Exhibit B are to show the approximate location of the Premises in the Building and the general layout of the Project and such Exhibits are not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the Building or the Project, the precise area of the Premises, the Building or the Project or the specific location of the Building, “Common Areas,” as that term is defined in Section 1.31.2, below, or the elements thereof or of the accessways to the Premises, or the Project, or the identity or existence of any other tenant or occupant of the Project.
1.2 For purposes of this Lease, (1) “rentable area” and “usable area” shall be calculated pursuant to the Standard Method for Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.1, 1996); (2) “rentable square feet” and “rentable footage” shall have the same meaning as the term “rentable area;” and (3) “usable square feet” and “usable square footage” shall have the same meaning as the term “usable area.” Notwithstanding anything to the contrary in this Lease, although the recital of the rentable area herein above set forth is for descriptive purposes only, it shall be deemed binding upon both parties. Tenant shall have no right to terminate this Lease or receive any adjustment or rebate of any Base Rent or Additional Rent (as hereinafter defined) payable hereunder if said recital is incorrect. Tenant has inspected the Premises and is fully familiar with the scope and size thereof and agrees to pay the full Base Rent and Additional Rent set forth herein in consideration for the use and occupancy of said space, regardless of the actual number of square feet contained therein.
1.3 Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the rules and regulations referred to in Article 27 26 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are shall be maintained and operated shall be at in a manner consistent with office buildings of similar class, size and age as the reasonable discretion Building located in the vicinity of Landlord the Building and the use thereof shall be subject to such reasonable and non-discriminatory rules, regulations and restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that in exercising its rights under this sentence, Landlord shall make commercially reasonable efforts to minimize the disruption to Tenant’s business operations during standard business hours. Subject to “Applicable Laws,” as that term is defined in Section 5.1(a) of this Lease, except when and where Tenant’s right of access is specifically excluded in this Lease, and except in the event of an emergency, Tenant shall have the right of access to the Premises, the Building, and the parking facilities servicing the Building twenty-four (24) hours per day, seven (7) days per week during the “Term,” as that term is defined in Section 2.1, below.
Appears in 2 contracts
Sources: Lease Agreement (PROCEPT BioRobotics Corp), Lease Agreement (PROCEPT BioRobotics Corp)
PREMISES; COMMON AREAS. 1.1 Subject to all of the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises. The property shown on Exhibit A to this Lease and all improvements thereon and appurtenances on that land thereto, including, but not limited to, the Building, other an additional office buildingsbuilding ("the "Adjacent Building"), a cafeteria/auditorium/meeting room building (the "Amenities Facility"), access roadways, and all other related areas, shall be collectively hereinafter referred to as the “"Project.” Tenant acknowledges and agrees that Landlord may elect to sell one or more of the buildings within the Project and that upon any such sale Tenant’s pro-rata share of those Operating Expenses and Taxes (each as defined below) allocated to the areas of the Project other than buildings may be adjusted accordingly by Landlord. " The parties hereto hereby acknowledge that the purpose of Exhibit A and Exhibit B are to show the approximate location of the Premises in the Building and the general layout of the Project and such Exhibits are not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the Building Buildings or the Project, the precise area of the Premises, the Building Project Buildings or the Project or the specific location of the BuildingProject Buildings, “"Common Areas,” " as that term is defined in Section 1.3, below, or the elements thereof or of the accessways to the Premises, or the Project, or the identity or existence of any other tenant or occupant of the Project.
1.2 For purposes of this Lease, (1) “"rentable area” " and “"usable area” " shall be calculated pursuant to the Standard Method for Measuring Floor Area in Office Buildings (ANSI/BOMA ANSJJBOMA Z65.1, 1996); (2) “"rentable square feet” " and “"rentable footage” " shall have the same meaning as the term “"rentable area;” " and (3) “"usable square feet” " and “"usable square footage” " shall have the same meaning as the term “"usable area.” " Notwithstanding anything to the contrary in this Lease, although the recital of the rentable area herein above set forth is for descriptive purposes only, it shall be deemed binding upon both parties. Tenant shall have no right to terminate this Lease or receive any adjustment or rebate of any Base Rent or Additional Rent (as hereinafter defined) payable hereunder if said recital is incorrect. Tenant has inspected the Premises and is fully familiar with the scope and size thereof and agrees to pay the full Base Rent and Additional Rent set forth herein in consideration for the use and occupancy of said space, regardless of the actual number of square feet contained therein.
1.3 Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the rules and regulations referred to in Article 27 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “"Common Areas”"). The Common Areas shall consist of the “"Project Common Areas” " and the “"Building Common Areas.” " The term “"Project Common Areas,” " as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord. The term “"Building Common Areas,” " as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to such reasonable and non-discriminatory rules, regulations and restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that in exercising its rights under this sentence, Landlord shall make commercially reasonable efforts to minimize the disruption to Tenant’s business operations during standard business hours. Subject to “"Applicable Laws,” " as that term is defined in Section 5.1(a) of this Lease, except when and where Tenant’s 's right of access is specifically excluded in this Lease, and except in the event of an emergency, Tenant shall have the right of access to the Premises, the Building, and the parking facilities servicing the Building twenty-twenty four (24) hours per day, seven (7) days per week during the “"Term,” " as that term is defined in Section 2.1, below. Use of the Amenities Facility shall be subject to such rules and regulations as Landlord may establish from time to time. The square footage of the Amenities Facility shall be included in the load factor to be used to determine the rentable area of the Project, but shall not be separately measured and added to the rentable area of the Project for any lease for space at the Project. The cost to maintain the Amenities Facility shall be included in Operating Expenses for the Project.
Appears in 1 contract
Sources: Sublease (Telenav, Inc.)
PREMISES; COMMON AREAS. 1.1 Subject to all of the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises. The property shown on Exhibit A to this Lease and all improvements thereon and appurtenances on that land thereto, including, but not limited to, the Building, other office buildings, access roadways, and all other related areas, shall be collectively hereinafter referred to as the “Project.” Tenant acknowledges and agrees that Landlord may elect to sell one or more of the buildings within the Project and that upon any such sale Tenant’s pro-rata share of those Operating Expenses and Taxes (each as defined below) allocated to the areas of the Project other than buildings may be adjusted accordingly by Landlord. The parties hereto hereby acknowledge that the purpose of Exhibit A and Exhibit B are is to show the approximate location of the Premises in the Building and the general layout of the Project and such Exhibits are Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the Building Premises or the Project, the precise area of the Premises, the Building Premises or the Project or the specific location of the Building, “Common Areas,” as that term is defined in Section 1.3, below, or the elements thereof 3489-000151321/1351 Harbor Bay Pkwy -2- or of the accessways to the Premises, or the Project, or the identity or existence of any other tenant or occupant of the Project.
1.2 For purposes of this Lease, (1) “”rentable area” and “usable area” shall be calculated pursuant to the Standard Gross Area 1 Leasing Method for Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.1, 19962018) (the “BOMA Standard”); (2) “”rentable square feet” and “rentable footage” and “RSF” shall have the same meaning as the term “rentable area;” and (3) “”usable square feet” and “usable square footage” shall have the same meaning as the term “usable area.” ”. Notwithstanding anything to the contrary in this Lease, although the recital of the rentable area herein above set forth is for descriptive purposes only, it shall be deemed binding upon both parties. Tenant shall have no right to terminate this Lease or receive any adjustment or rebate of any Base Rent or Additional Rent (as hereinafter defined) payable hereunder if said recital is incorrect. Tenant has inspected For purposes of this Lease the rentable area of the Premises and is fully familiar with the scope and size thereof and agrees to pay the full Base Rent and Additional Rent set forth herein in consideration for the use and occupancy of said space, regardless of the actual number of square feet contained therein.
1.3 Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the rules and regulations referred to in Article 27 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall will not be subject to such reasonable and non-discriminatory rules, regulations and restrictions as Landlord may make from time to remeasurement by either party hereto at any time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that in exercising its rights under this sentence, Landlord shall make commercially reasonable efforts to minimize the disruption to Tenant’s business operations during standard business hours. Subject to “Applicable Laws,” as that term is defined in Section 5.1(a) of this Lease, except when and where Tenant’s right of access is specifically excluded in this Lease, and except in the event of an emergency, Tenant shall have the right of access to the Premises, the Building, and the parking facilities servicing the Building twenty-four (24) hours per day, seven (7) days per week during the “Term,” as that term is defined in Section 2.1, below.
Appears in 1 contract
Sources: Lease Agreement (Penumbra Inc)
PREMISES; COMMON AREAS. 1.1 Subject to all of the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises. The property shown on Exhibit A to this Lease and all improvements thereon and appurtenances on that land thereto, including, but not limited to, the Building, other office buildings, access roadways, and all other related areas, shall be collectively hereinafter referred to as the “"Project.” Tenant acknowledges and agrees that Landlord may elect to sell one or more of the buildings within the Project and that upon any such sale Tenant’s pro-rata share of those Operating Expenses and Taxes (each as defined below) allocated to the areas of the Project other than buildings may be adjusted accordingly by Landlord. " The parties hereto hereby acknowledge that the purpose of Exhibit A and Exhibit B are is to show the approximate location of the Premises in the Building and the general layout of the Project and such Exhibits are not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the Building or the Project, the precise area of the Premises, the Building or the Project or Project, the specific location of the Building, “"Common Areas,” " as that term is defined in Section 1.3, below, or the elements thereof or of the accessways to the Premises, or the Project, or the identity or existence of any other tenant or occupant of the Project.
1.2 For purposes of this Lease, (1) “"rentable area” " and “"usable area” " shall be calculated pursuant to the Office Buildings: Standard Method for Measuring Floor Area in Office Buildings Methods of Measurement (ANSI/BOMA Z65.1, 19962010); (2) “"rentable square feet” " and “"rentable footage” " shall have the same meaning as the term “"rentable area;” " and (3) “"usable square feet” " and “"usable square footage” " shall have the same meaning as the term “"usable area.” " Notwithstanding anything to the contrary in this Lease, although the recital of the rentable area herein above set forth is for descriptive purposes only, it shall be deemed binding upon both partiesonly and the parties stipulate to the square footage set forth in the Basic Lease Information. Tenant shall have no right to terminate this Lease or receive any adjustment or rebate of any Base Rent or Additional Rent (as hereinafter defined) payable hereunder if said recital is incorrect. Tenant has inspected the Premises and is fully familiar with the scope and size thereof and agrees to pay the full Base Rent and Additional Rent set forth herein in consideration for the use and occupancy of said space, regardless of the actual number of square feet contained therein.
1.3 Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the rules and regulations referred to in Article 27 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “"Common Areas”"). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to such reasonable and non-discriminatory rules, regulations and restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that in exercising its rights under this sentence, Landlord shall make commercially reasonable efforts to minimize the disruption to Tenant’s business operations during standard business hours. Subject to “"Applicable Laws,” " as that term is defined in Section 5.1(a) of this Lease, except when and where Tenant’s 's right of access is specifically excluded in this Lease, and except in the event of an emergency, Tenant shall have the right of access to the Premises, the Building, and the parking facilities servicing the Building twenty-four (24) hours per day, seven (7) days per week during the “"Term,” " as that term is defined in Section 2.1, below.
Appears in 1 contract
Sources: Lease Agreement (Everbridge, Inc.)
PREMISES; COMMON AREAS. 1.1 Subject to all of the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises. The property shown on Exhibit A to this Lease and all improvements thereon and appurtenances on that land thereto, including, but not limited to, the Building, other office buildings, access roadways, and all other related areas, shall be collectively hereinafter referred to as the “"Project.” " Tenant acknowledges and agrees that Landlord may elect to sell one or more of the buildings within the Project and that upon any such sale Tenant’s 's pro-rata share of those Operating Expenses and Taxes (each as defined below) allocated to the areas of the Project other than buildings may be adjusted accordingly and reasonably by Landlord. The parties hereto hereby acknowledge that the purpose of Exhibit A and Exhibit B are to show the approximate location of the Premises in the Building and the general layout of the Project and such Exhibits are not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the Building or the Project, the precise area of the Premises, the Building or the Project or the specific location of the Building, “"Common Areas,” " as that term is defined in Section 1.3, below, or the elements thereof or of the accessways to the Premises, or the Project, or the identity or existence of any other tenant or occupant of the Project.
1.2 For purposes of this Lease, (1) “"rentable area” " and “"usable area” " shall be calculated pursuant to the Standard Method for Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.1, 1996); (2) “"rentable square feet” " and “"rentable footage” " shall have the same meaning as the term “"rentable area;” " and (3) “"usable square feet” " and “"usable square footage” " shall have the same meaning as the term “"usable area.” " Notwithstanding anything to the contrary in this Lease, although the recital of the rentable area herein above set forth is for descriptive purposes only, it shall be deemed binding upon both parties. Tenant shall have no right to terminate this Lease or receive any adjustment or SMRH:422502059.9 -3- rebate of any Base Rent or Additional Rent (as hereinafter defined) payable hereunder if said recital is incorrect. Tenant has inspected the Premises and is fully familiar with the scope and size thereof and agrees to pay the full Base Rent and Additional Rent set forth herein in consideration for the use and occupancy of said space, regardless of the actual number of square feet contained therein. Notwithstanding anything to the contrary in this Lease, in no event shall the rentable area of the Premises or the Building be increased above the amounts set forth in the Basic Lease Information above.
1.3 Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the rules and regulations referred to in Article 27 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “"Common Areas”"). The Common Areas shall consist of the “"Project Common Areas” " and the “"Building Common Areas.” " The term “"Project Common Areas,” " as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord. The term “"Building Common Areas,” " as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to such reasonable and non-discriminatory rules, regulations and restrictions as Landlord may make from time to time; provided, however, that the Common Areas shall at all times be maintained in a first class manner. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that in exercising its rights under this sentence, Landlord shall make commercially reasonable efforts to minimize the disruption to Tenant’s business operations during standard business hours. Subject to “"Applicable Laws,” " as that term is defined in Section 5.1(a) of this Lease, except when and where Tenant’s 's right of access is specifically excluded in this Lease, and except in the event of an emergency, Tenant shall have the right of access to the Premises, the Building, and the parking facilities servicing the Building twenty-four (24) hours per day, seven (7) days per week during the “"Term,” " as that term is defined in Section 2.1, below.
Appears in 1 contract
Sources: Lease Agreement (Ipass Inc)
PREMISES; COMMON AREAS. 1.1 Subject to all of the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises. The property shown on Exhibit A to this Lease and all improvements thereon and appurtenances on that land thereto, including, but not limited to, the Building, other an additional office buildingsbuilding ("the "Adjacent Building"), a cafeteria/auditorium/meeting room building (the "Amenities Facility"), access roadways, and all other related areas, shall be collectively hereinafter referred to as the “"Project.” Tenant acknowledges and agrees that Landlord may elect to sell one or more of the buildings within the Project and that upon any such sale Tenant’s pro-rata share of those Operating Expenses and Taxes (each as defined below) allocated to the areas of the Project other than buildings may be adjusted accordingly by Landlord. " The parties hereto hereby acknowledge that the purpose of Exhibit A and Exhibit B are to show the approximate location of the Premises in the Building and the general layout of the Project and such Exhibits are not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the Building Buildings or the Project, the precise area of the Premises, the Building Project Buildings or the Project or the specific location of the BuildingProject Buildings, “"Common Areas,” " as that term is defined in Section 1.3, below, or the elements thereof or of the accessways to the Premises, or the Project, or the identity or existence of any other tenant or occupant of the Project.
1.2 For purposes of this Lease, (1) “"rentable area” " and “"usable area” " shall be calculated pursuant to the Standard Method for Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.1, 1996); (2) “"rentable square feet” " and “"rentable footage” " shall have the same meaning as the term “"rentable area;” " and (3) “"usable square feet” " and “"usable square footage” " shall have the same meaning as the term “"usable area.” " Notwithstanding anything to the contrary in this Lease, although the recital of the rentable area herein above set forth is for descriptive purposes only, it shall be deemed binding upon both parties. Tenant shall have no right to terminate this Lease or receive any adjustment or rebate of any Base Rent or Additional Rent (as hereinafter defined) payable hereunder if said recital is incorrect. Tenant has inspected the Premises and is fully familiar with the scope and size thereof and agrees to pay the full Base Rent and Additional Rent set forth herein in consideration for the use and occupancy of said space, regardless of the actual number of square feet contained therein.
1.3 Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the rules and regulations referred to in Article 27 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “"Common Areas”"). The Common Areas shall consist of the “"Project Common Areas” " and the “"Building Common Areas.” " The term “"Project Common Areas,” " as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord. The term “"Building Common Areas,” " as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to such reasonable and non-discriminatory rules, regulations and restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that in exercising its rights under this sentence, Landlord shall make commercially reasonable efforts to minimize the disruption to Tenant’s business operations during standard business hours. Subject to “"Applicable Laws,” " as that term is defined in Section 5.1(a) of this Lease, except when and where Tenant’s 's right of access is specifically excluded in this Lease, and except in the event of an emergency, Tenant shall have the right of access to the Premises, the Building, and the parking facilities servicing the Building twenty-four (24) hours per day, seven (7) days per week during the “"Term,” " as that term is defined in Section 2.1, below. Use of the Amenities Facility shall be subject to such rules and regulations as Landlord may establish from time to time (which rules and regulations shall be generally applicable, and generally applied in the same manner, to all tenants of the Project). The square footage of the Amenities Facility shall be included in the load factor to be used to determine the rentable area of the Project, but shall not be separately measured and added to the rentable area of the Project for any lease for space at the Project. The cost to maintain the Amenities Facility shall be included in Operating Expenses for the Project.
Appears in 1 contract
Sources: Lease Agreement (Telenav, Inc.)
PREMISES; COMMON AREAS. 1.1 (a) Subject to all of the terms and conditions hereinafter set forthherein contained, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord Landlord, those areas within the Premises. The property shown Building labeled as “Medtronic Dedicated” on Exhibit A to this Lease A-2 attached hereto and all improvements thereon and appurtenances on that land thereto, including, but not limited to, the Building, other office buildings, access roadways, and all other related areas, shall be collectively hereinafter referred to as incorporated herein by reference (the “Project.” Premises”), containing approximately 53,400 rentable square feet in the aggregate. Tenant acknowledges and agrees that Landlord may elect to sell one or more of the buildings within the Project and that upon any such sale Tenant’s pro-rata share of those Operating Expenses and Taxes (each as defined below) allocated that, subject to the areas ongoing obligations of the Project other than buildings may be adjusted accordingly maintenance and repair by Landlord. The parties hereto hereby acknowledge that the purpose of Exhibit A and Exhibit B are to show the approximate location of Landlord as set forth herein, Tenant is accepting the Premises in its “AS IS” “WHERE IS” condition, and without any improvements and/or alterations to be constructed by Landlord.
(b) Landlord hereby reserves exclusive use of those areas within the Building labeled as “MiniMed Dedicated” on Exhibit A-2 attached hereto and incorporated herein by reference (the general layout of “Landlord Premises”), containing approximately 182,396 rentable square feet in the Project and such Exhibits are not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the Building or the Project, the precise area of the Premises, the Building or the Project or the specific location of the Building, “Common Areas,” as that term is defined in Section 1.3, below, or the elements thereof or of the accessways to the Premises, or the Project, or the identity or existence of any other tenant or occupant of the Projectaggregate.
1.2 For purposes of this Lease, (1c) “rentable area” Tenant and “usable area” shall be calculated pursuant to the Standard Method for Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.1, 1996); (2) “rentable square feet” its employees and “rentable footage” shall have the same meaning as the term “rentable area;” and (3) “usable square feet” and “usable square footage” shall have the same meaning as the term “usable area.” Notwithstanding anything to the contrary in this Lease, although the recital of the rentable area herein above set forth is for descriptive purposes only, it shall be deemed binding upon both parties. Tenant shall have no right to terminate this Lease or receive any adjustment or rebate of any Base Rent or Additional Rent (as hereinafter defined) payable hereunder if said recital is incorrect. Tenant has inspected the Premises and is fully familiar with the scope and size thereof and agrees to pay the full Base Rent and Additional Rent set forth herein in consideration for the use and occupancy of said space, regardless of the actual number of square feet contained therein.
1.3 Tenant invitees shall have the non-exclusive right to use use, in common with other tenants in the Project, and subject to the rules and regulations referred to in Article 27 of this LeaseLandlord, those portions of the Project which Property that are providedlabeled as “Shared Spaces” on Exhibit A-2 attached hereto and incorporated herein by reference, from time to timeincluding, for use without limitation, any lobbies, hallways, dock areas, loading docks, plazas, drive aisles, sidewalks, certain parking areas as described in common by Landlordthis Lease, Tenant corridors, fire vestibules, elevators, foyers, electric and any telephone closets, stairways, restrooms, breakrooms, mechanical rooms, janitorial closets, and other tenants similar facilities located within such portions of the Project Property (such areas are collectively referred to herein as collectively, the “Common Areas”). The Common Areas shall consist of Landlord is responsible for the “Project Common Areas” operation, management, and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions maintenance of the Common Areas located within Areas, and the Building reasonably designated as such by Landlord. The manner in which the Common Areas are operated, managed and maintained and operated shall be at reasonably consistent with that of other buildings in Juncos, Puerto Rico, which buildings are comparable in quality of appearance, services, and amenities (the reasonable discretion of Landlord “Comparable Buildings”), and the use thereof shall be subject to such reasonable and non-discriminatory rules, regulations and restrictions uniformly applied rules as Landlord and Tenant may make mutually agree from time to time. Landlord reserves the right to temporarily close temporarily, make alterations or additions to, or change the location of elements of the Project Common Areas in connection with ▇▇▇▇▇▇▇▇’s performance of its maintenance and repair obligations hereunder; provided, however, such closures shall not materially and adversely interfere with Tenant’s use or occupancy of the Common Areas; provided that in exercising its rights under Premises pursuant to the terms of this sentenceLease, and Landlord shall make ensure continued access to the Premises and use commercially reasonable efforts to minimize the disruption to any interference with Tenant’s business use and occupancy of the Premises pursuant to the terms of this Lease during the period of such closure. Landlord shall have the right to construct new improvements or otherwise make modifications or alterations to the Common Areas or the Landlord Premises without the prior consent of Tenant; provided, that such improvements, modifications or alterations do not (i) materially reduce the size of the Common Areas or alter the intended purpose of the Common Areas (without providing suitable alternative space offering similar purposes of such Common Areas to be modified) or otherwise result in material changes to the use or utility of the Common Areas (including, without limitation, access thereto), (ii) result in changes to the structural or mechanical elements of the Building such that the Premises would be relocated or reduced or expanded in size, or the mechanical operations during standard business hoursor utility services provided with respect to the Premises or the Common Areas would be diminished or changed in any way which would materially and adversely interfere with the quiet and comfortable enjoyment thereof, or (iii) result in any materially unreasonable interference with Tenant’s use and occupancy of the Premises, including, as a result of limitations on access, increased noise, dust or vibrations, disruption of utility services, decreased safety or security conditions, or increased obligations or liabilities of Tenant on account thereof. Subject Tenant shall have no right to “Applicable Laws,” perform any improvements, modifications, or alterations with respect to the Common Areas or the Premises, except as that term is defined permitted in Section 5.1(a) accordance with the terms and conditions of this Lease, except when and where including Section 11 hereof.
(d) Tenant’s right and Landlord’s use of access parking areas comprising the Common Areas shall be subject to the following terms and conditions:
(i) Parking is specifically excluded in this Leaseavailable 24/7 at the Building. The remote solar parking area upon the Property is accessible from 4:30 a.m. to 11:00 p.m., and except in the event of an emergency, Monday through Friday. Tenant shall have bear all costs associated with any requests by Tenant to change the right of established parking schedule.
(ii) Vehicle access to the Premisesmain parking area adjacent to the Building is controlled automatically through the use of employee badges to operate the entry gate, while access to the Building, and remote solar parking area upon the Property is managed by security personnel who verify car authorization stickers displayed on the windshield.
(iii) Tenant shall be assigned up to four hundred fifty (450) parking permits for use of the parking facilities servicing areas comprising the Building twentyCommon Areas. Requests for additional permits must be submitted in writing and will be subject to ▇▇▇▇▇▇▇▇’s discretion for approval.
(iv) Other than those stalls that may be specifically marked as reserved (e.g., senior management, handicapped stalls and/or stalls reserved for expectant mothers), parking stalls within the parking areas comprising the Common Areas shall be used on an unreserved, first-four (24) hours per day, seven (7) days per week during come-first-serve basis. No other parking rights are conferred upon Tenant with respect to the “Term,” as that term is defined in Section 2.1, belowLand pursuant to this Lease.
Appears in 1 contract
PREMISES; COMMON AREAS. 1.1 Subject to all of the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises. The property shown on Exhibit A to this Lease and all improvements thereon and appurtenances on that land thereto, including, but not limited to, the BuildingBuildings, other office buildings, access roadways, and all other related areas, shall be collectively hereinafter referred to as the “"Project.” " Tenant acknowledges and agrees that Landlord may elect to sell one or more of the buildings within the Project and that upon any such sale Tenant’s 's pro-rata share of those Operating Expenses and Taxes (each as defined below) allocated to the areas of the Project other than buildings may be adjusted accordingly by Landlord. The parties hereto hereby acknowledge that the purpose of Exhibit A and Exhibit B are to show the approximate location of the Premises in the Building Buildings and the general layout of the Project and such Exhibits are not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the Building Buildings or the Project, the precise area of the Premises, the Building Buildings or the Project or the specific location of the BuildingBuildings, “"Common Areas,” " as that term is defined in Section 1.3, below, or the elements thereof or of the accessways to the Premises, or the Project, or the identity or existence of any other tenant or occupant of the Project.
1.2 For purposes of this Lease, (1) “"rentable area” " and “"usable area” " shall be calculated pursuant to the Standard Method for Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.1, 1996); (2) “"rentable square feet” " and “"rentable footage” " shall have the same meaning as the term “"rentable area;” " and (3) “"usable square feet” " and “"usable square footage” " shall have the same meaning as the term “"usable area.” " Notwithstanding anything to the contrary in this Lease, although the recital of the rentable area herein above set forth is for descriptive purposes only, it shall be deemed binding upon both parties. Tenant shall have no right to terminate this Lease or and neither Landlord nor Tenant shall receive any adjustment or rebate of any Base Rent or Additional Rent (as hereinafter defined) payable hereunder if said recital is incorrect. Landlord and Tenant has have inspected the Premises and is Premises, are fully familiar with the scope and size thereof and Tenant agrees to pay and Landlord agrees to accept the full Base Rent and Additional Rent set forth herein in consideration for the use and occupancy of said space, regardless of the actual number of square feet contained therein. The rentable areas specified for the Premises reflect a remeasurement of the Premises by Landlord that is effective on the Effective Date. Base Rent for the Premises for the period prior to the Effective Date is based upon the measurements of the Premises in effect prior to the Effective Date under the Existing Leases (as defined below).
1.3 Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the rules and regulations referred to in Article 27 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas are collectively referred to herein as the “"Common Areas”"). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to such reasonable and non-discriminatory nondiscriminatory rules, regulations and restrictions as Landlord may make from time to time; provided, however, that the Common Areas shall at all times be maintained in a first class manner. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that in exercising its rights under this sentence, Landlord shall make commercially reasonable efforts to minimize the disruption to Tenant’s business operations during standard business hours. Subject to “"Applicable Laws,” " as that term is defined in Section 5.1(a5.1(h) of this Lease, except when and where Tenant’s right of access is specifically excluded in this Lease, and except in the event of an emergency, Tenant shall have the right of access to the Premises, the BuildingCommon Areas, and the parking facilities servicing the Building Buildings twenty-four (24) hours per day, seven (7) days per week during the “"Term,” " as that term is defined in Section 2.1, below.
1.4 Tenant is the current tenant in the Premises under one or more existing leases (collectively, the "Existing Leases") as follows: (a) Lease dated July 5, 1999 between Westport Joint Venture, a California Joint Venture and predecessor in interest to Landlord and Digital Finish, Inc., a California corporation and predecessor in interest to Tenant; Commencement Letter dated September 8, 1999; Letter Agreement dated December 12, 1999; Amendment No. 1 dated January 11, 2000; Amendment No. 2 dated June 21, 2001; Amendment No. 3 dated July 6, 2004; Amendment No. 4 dated April 4, 2005 (collectively, the “Existing 2800 Bridge Lease”); and (b) Lease Agreement dated as of August 12, 1999, between Westport Joint Venture, a California Joint Venture and predecessor-in-interest to Landlord and MetricStream, Inc., a Delaware corporation (“Metricstream”) as amended by that certain Amendment No. 1 to Lease dated as of February 28, 2000 and further amended by that certain Amendment No. 2 to Lease dated as of October 18, 2002, as assigned to Tenant pursuant to a Temporary Sublease, Assignment and Assumption of Lease and Consent to Assignment dated as of May ___, 2008 between, Metricstream and Tenant (collectively, the “Existing 3000 Bridge Lease”). Effective as of the Effective Date, the Existing Leases shall be amended to provide that their terms shall expire as of the Effective Date, whereupon neither Landlord nor Tenant shall have any further obligations thereunder.
1.5 Accordingly, upon expiration of the Existing Leases on the Effective Date, the following shall apply:
(a) Tenant's security deposit in the amount of $129,225.72 under the Existing 2800 Bridge Lease shall be returned to Tenant and the security deposit held by Landlord under the Existing 3000 Bridge Lease in the amount of $300,296 shall be returned to Metricstream.
(b) Landlord shall have no obligation to improve or modify the Premises pursuant to the terms of the Existing Leases.
(c) Tenant shall have no option to extend the term of the Existing Lease.
(d) This Lease shall constitute the entire agreement between Landlord and Tenant with respect to the Premises.
(e) Tenant will be deemed to have accepted full and complete possession of the Premises and will be the actual occupant in possession of the Premises.
(f) All of Landlord's and Tenant's obligations under the Existing Lease which have accrued prior to the date hereof shall be deemed to have been performed in full.
1.6 Tenant acknowledges that prior to the Effective Date, the Existing Leases require Tenant to maintain certain items that will be maintained by Landlord pursuant to this Lease. Landlord and Tenant shall cooperate in the transition of the maintenance of those items, including, if so requested by Landlord, assignment of any existing maintenance and other agreements. Notwithstanding anything to the contrary in this Lease, if Landlord does not elect to have assigned to it an existing maintenance contract and that contract has a minimum period before it may be terminated, then Tenant shall be responsible for continuing that maintenance agreement in effect through its termination date and Landlord shall assume the obligation to maintain the matter covered by that maintenance contract upon its termination.
Appears in 1 contract
Sources: Lease Agreement (Shutterfly Inc)
PREMISES; COMMON AREAS. 1.1 Subject to all of the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises. The property shown on Exhibit A to this Lease and all improvements thereon and appurtenances on that land thereto, including, but not limited to, the BuildingBuildings, other office buildings, access roadways, and all other related areas, shall be collectively hereinafter referred to as the “"Project.” " Tenant acknowledges and agrees that Landlord may elect to sell one or more of the buildings within the Project and that upon any such sale Tenant’s pro-rata share 's Common Area Building Percentage of those Operating Expenses and Taxes (each as defined below) allocated to the areas of the Project other than buildings may be equitably adjusted accordingly by Landlord. The parties hereto hereby acknowledge that the purpose of Exhibit A A, Exhibit B-1, Exhibit ▇-▇, ▇▇▇▇▇▇▇ ▇-▇, ▇▇▇▇▇▇▇ ▇-▇, and Exhibit B B-5 are to show the approximate location of the Premises in the Building Buildings and the general layout of the Project and such Exhibits are not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the Building Buildings or the Project, the precise area of the Premises, the Building Buildings or the Project or the specific location of the BuildingBuildings, “"Common Areas,” " as that term is defined in Section 1.3, below, or the elements thereof or of the accessways to the Premises, or the Project, or the identity or existence of any other tenant or occupant of the Project. Tenant acknowledges that the space known as approximately 800 square feet of office space on the second floor of the 1301 Harbor Bay Building will not be separately demised.
1.2 For purposes of this Lease, (1) “"rentable area” " and “"usable area” " shall be calculated pursuant to the Standard Method for Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.1, 1996) (the "BOMA Standard"); (2) “"rentable square feet” " and “"rentable footage” " shall have the same meaning as the term “"rentable area;” and (3) “usable square feet” and “usable square footage” shall have the same meaning as the term “usable area.” Notwithstanding anything to the contrary in this Lease, although the recital of the rentable area herein above set forth is for descriptive purposes only, it shall be deemed binding upon both parties. Tenant shall have no right to terminate this Lease or receive any adjustment or rebate of any Base Rent or Additional Rent (as hereinafter defined) payable hereunder if said recital is incorrect. Tenant has inspected the Premises and is fully familiar with the scope and size thereof and agrees to pay the full Base Rent and Additional Rent set forth herein in consideration for the use and occupancy of said space, regardless of the actual number of square feet contained therein.
1.3 Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the rules and regulations referred to in Article 27 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to such reasonable and non-discriminatory rules, regulations and restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that in exercising its rights under this sentence, Landlord shall make commercially reasonable efforts to minimize the disruption to Tenant’s business operations during standard business hours. Subject to “Applicable Laws,” as that term is defined in Section 5.1(a) of this Lease, except when and where Tenant’s right of access is specifically excluded in this Lease, and except in the event of an emergency, Tenant shall have the right of access to the Premises, the Building, and the parking facilities servicing the Building twenty-four (24) hours per day, seven (7) days per week during the “Term,” as that term is defined in Section 2.1, below."
Appears in 1 contract
Sources: Lease Agreement (Penumbra Inc)
PREMISES; COMMON AREAS. 1.1 Subject to all of the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord Landlord, upon the terms and conditions set forth in this Lease, those certain premises (the “Premises”) described in Section 1.1.1 of the Basic Lease Information (as defined below) and outlined in Exhibit “A” attached hereto and hereby made a part hereof. For purposes of this Lease, the rentable and usable areas of the Premises have been or shall be determined by Landlord’s space planner or architect by reference to the “Standard Method for Measuring Floor Area in Office Buildings,” adopted by the Building Owners and Managers Association International and approved by the American National Standards Institute, Inc., as reprinted May, 1981, except that, for the purposes of this Lease, in no event shall the rentable area of the Premises exceed one hundred twelve and one-half percent (112.5%) of the usable area of the Premises nor shall the rentable area of the Building exceed one hundred twelve and one-half percent (112.5%) of the usable area of the Building. The property shown on Exhibit A to this Lease Premises are situated in that certain office building (the “Building”) located at 2▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. The land upon which the Building is located (the “Property”), together with the Building and all improvements thereon related facilities and appurtenances on that land thereto, including, but not limited to, the Building, other office buildings, access roadways, and all other related areasappurtenances, shall hereinafter be collectively hereinafter referred to as the “Project.” Tenant acknowledges The terms and agrees that Landlord may elect to sell one or more conditions of the buildings within the Project and that upon any such sale Tenant’s pro-rata share of those Operating Expenses and Taxes (each as defined below) allocated to the areas of the Project other than buildings may be adjusted accordingly by Landlord. The parties hereto hereby acknowledge that the purpose of Exhibit A and Exhibit B are to show the approximate location of the Premises in the Building and the general layout of the Project and such Exhibits are not meant to constitute an agreementthis Lease shall include, representation or warranty as to the construction of the Premiseswithout limitation, the Building or the Project, the precise area of the Premises, the Building or the Project or the specific location of the Building, “Common Areas,” as that term is defined in Section 1.3, below, or the elements thereof or of the accessways to the Premises, or the Project, or the identity or existence of any other tenant or occupant of the Project.
1.2 For purposes of this Lease, following basic Lease information (1) “rentable area” and “usable area” shall be calculated pursuant to the Standard Method for Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.1, 1996); (2) “rentable square feet” and “rentable footage” shall have the same meaning as the term “rentable area;” and (3) “usable square feet” and “usable square footage” shall have the same meaning as the term “usable area.” Notwithstanding anything to the contrary in this Lease, although the recital of the rentable area herein above set forth is for descriptive purposes only, it shall be deemed binding upon both parties. Tenant shall have no right to terminate this Lease or receive any adjustment or rebate of any Base Rent or Additional Rent (as hereinafter defined) payable hereunder if said recital is incorrect. Tenant has inspected the Premises and is fully familiar with the scope and size thereof and agrees to pay the full Base Rent and Additional Rent set forth herein in consideration for the use and occupancy of said space, regardless of the actual number of square feet contained therein.
1.3 Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the rules and regulations referred to in Article 27 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas are collectively referred to herein as the “Common AreasBasic Lease Information”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to such reasonable and non-discriminatory rules, regulations and restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that in exercising its rights under this sentence, Landlord shall make commercially reasonable efforts to minimize the disruption to Tenant’s business operations during standard business hours. Subject to “Applicable Laws,” as that term is defined in Section 5.1(a) of this Lease, except when and where Tenant’s right of access is specifically excluded in this Lease, and except in the event of an emergency, Tenant shall have the right of access to the Premises, the Building, and the parking facilities servicing the Building twenty-four (24) hours per day, seven (7) days per week during the “Term,” as that term is defined in Section 2.1, below.):
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PREMISES; COMMON AREAS. 1.1 Subject to all of the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises. The property shown on Exhibit A to this Lease and all improvements thereon and appurtenances on that land thereto, including, but not limited to, the Building, other office buildings, access roadways, and all other related areas, shall be collectively hereinafter referred to as the “Project.” Tenant acknowledges and agrees that Landlord may elect to sell one or more of the buildings within the Project and that upon any such sale Tenant’s pro-rata share of those Operating Expenses and Taxes (each as defined below) allocated to the areas of the Project other than buildings may be adjusted accordingly by Landlord. The parties hereto hereby acknowledge that the purpose of Exhibit A and Exhibit B Exhibits ▇-▇, ▇-▇, and B-3 are to show the approximate location of the Premises in the Building and the general layout of the Project and such Exhibits are not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the Building or the Project, the precise area of the Premises, the Building or the Project or the specific location of the Building, “Common Areas,” as that term is defined in Section 1.3, below, or the elements thereof or of the accessways to the Premises, or the Project, or the identity or existence of any other tenant or occupant of the Project.
1.2 Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the rentable area of the Premises. The determination of Landlord’s architect shall be conclusive and binding upon the parties absent manifest error. If Landlord’s architect determines that the rentable area of the Premises is different from that stated in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect rentable square footage amounts (including, without limitation, the amount of the Base Rent and Tenant’s Share, and any Tenant Improvement Allowance) shall be modified in accordance with such determination. If such determination is made, it will be confirmed in writing by Landlord to Tenant. For purposes of this Lease, (1) “rentable area” and “usable area” shall be calculated pursuant to the Standard Method for Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.1, 1996)) as modified by Landlord with respect to Landlord’s standard rentable area measurements for Building and Project, to include, among other calculations, a portion of the Common Areas; and (2) “rentable square feet” and “rentable footage” shall have the same meaning as the term “rentable area;” and (3) “usable square feet” and “usable square footage” shall have the same meaning as the term “usable area.” Notwithstanding anything to the contrary in this Lease, although the recital of the rentable area herein above set forth is for descriptive purposes only, it shall be deemed binding upon both parties. Tenant shall have no right to terminate this Lease or receive any adjustment or rebate of any Base Rent or Additional Rent (as hereinafter defined) payable hereunder if said recital is incorrect. Tenant has inspected the Premises and is fully familiar with the scope and size thereof and agrees to pay the full Base Rent and Additional Rent set forth herein in consideration for the use and occupancy of said space, regardless of the actual number of square feet contained therein”.
1.3 Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the rules and regulations referred to in Article 27 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to such reasonable and non-discriminatory rules, regulations and restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that in exercising its rights under this sentence, Landlord shall make commercially reasonable efforts to minimize the disruption to Tenant’s business operations during standard business hours. Subject to “Applicable Laws,” as that term is defined in Section 5.1(a) of this Lease, except when and where Tenant’s right of access is specifically excluded in this Lease, and except in the event of an emergency, Tenant shall have the right of access to the Premises, the Building, and the parking facilities servicing the Building twenty-four (24) hours per day, seven (7) days per week during the “Term,” as that term is defined in Section 2.1, below.
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Sources: Lease Agreement (Biotime Inc)
PREMISES; COMMON AREAS. 1.1 Subject to all of the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises. The property shown on Exhibit A to this Lease and all improvements thereon and appurtenances on that land thereto, including, but not limited to, the Building, other office buildings, access roadways, and all other related areas, shall be collectively hereinafter referred to as the “Project.” Tenant acknowledges and agrees that Landlord may elect to sell one or more of the buildings within the Project and that upon any such sale Tenant’s pro-rata share of those Operating Expenses and Taxes (each as defined below) allocated to the areas of the Project other than buildings may be adjusted accordingly by Landlord. The parties hereto hereby acknowledge that the purpose of Exhibit A and Exhibit B are is to show the approximate location of the Premises in the Building and the general layout of the Project and such Exhibits are not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the Building or the Project, the precise area of the Premises, the Building or the Project or Project, the specific location of the Building, “Common Areas,” as that term is defined in Section 1.3, below, or the elements thereof or of the accessways access ways to the Premises, or the Project, or the identity or existence of any other tenant or occupant of the Project.
1.2 For purposes of this Lease, (1) “rentable area” and “usable area” shall be calculated pursuant to the Office Buildings: Standard Method for Measuring Floor Area in Office Buildings Methods of Measurement (ANSI/BOMA Z65.1, 19962010) (the “BOMA Standards”); (2) “rentable square feet” and “rentable footage” shall have the same meaning as the term “rentable area;” and (3) “usable square feet” and “usable square footage” shall have the same meaning as the term “usable area.” Notwithstanding anything to the contrary in this Lease, although the recital of the rentable area herein above set forth is for descriptive purposes only, it shall be deemed binding upon both parties. Tenant shall have no right to terminate this Lease or receive any adjustment or rebate of any Base Rent or Additional Rent (as hereinafter defined) payable hereunder if said recital is incorrect. Tenant has inspected the Premises and is fully familiar with the scope and size thereof and agrees to pay the full Base Rent and Additional Rent set forth herein in consideration for the use and occupancy of said space, regardless of the actual number of square feet contained therein.
1.3 Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the rules and regulations referred to in Article 27 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to such reasonable and non-discriminatory rules, regulations and restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that in exercising its rights under this sentencethe event of any such Common Area closure, change, alteration or modification, except in emergency situations as reasonably determined by Landlord, Landlord shall make exercise commercially reasonable efforts to perform the same in a manner that is reasonably designed to minimize the disruption to interference with Tenant’s business operations during standard business hoursaccess to and permitted use of the Premises consistent with Comparable Buildings (as defined below). Subject to “Applicable Laws,” as that term is defined in Section 5.1(a) of this Lease, except when and where Tenant’s right of access is specifically excluded in this Lease, and except in the event of an emergency, Tenant shall have the right of access to the Premises, the Building, and the parking facilities servicing the Building twenty-four (24) hours per day, seven (7) days per week during the “Term,” as that term is defined in Section 2.1, below.
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Sources: Lease Agreement (Veritone, Inc.)
PREMISES; COMMON AREAS. 1.1 Subject to all of the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises. The property shown on Exhibit A to this Lease and all improvements thereon and appurtenances on that land thereto, including, but not limited to, the Building, other office buildings, access roadways, and all other related areas, shall be collectively hereinafter referred to as the “Project.” As of the execution of this Lease, the total rentable area of the buildings in the Project is 1,007,297 square feet. Tenant acknowledges and agrees that Landlord may elect to sell one or more of the buildings within the Project and that upon any such sale Tenant’s pro-rata share of those Operating Expenses and Taxes (each as defined below) allocated to the areas of the Project other than buildings may and Tenant’s Common Area Building Percentage shall be equitably adjusted accordingly by Landlord. The parties hereto hereby acknowledge that the purpose of Exhibit A and Exhibit B are is to show the approximate location of the Premises in the Building and the general layout of the Project and such Exhibits are not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the Building or the Project, the precise area of the Premises, the Building or the Project or the specific location of the Building, “Common Areas,” as that term is defined in Section 1.3, below, or the elements thereof or of the accessways to the Premises, or the Project, or the identity or existence of any other tenant or occupant of the Project.
1.2 For purposes The rentable area of this Lease, the Building and the Premises have been determined using the method of measurement attached hereto as Exhibit J (1) the “rentable area” and “usable area” shall be calculated Measurement Standard”). Upon the approval of the Space Plan for the Premises pursuant to Exhibit C, Landlord’s space measurement consultant ▇▇▇▇▇▇▇▇▇ Systems, Inc. (the Standard Method for Measuring Floor Area “Measurement Consultant”) shall calculate and certify in Office Buildings (ANSI/BOMA Z65.1, 1996); (2) “writing to Landlord and Tenant the rentable square feet” and “rentable footage” area of the Premises using the Measurement Standard. Tenant shall have the same meaning as right to have Tenant’s architect consult with the term “Management Consultant and to review the basis and methodology for such measurement by the Management Consultant. If the Measurement Consultant determines that the rentable area;” and (3) “usable square feet” and “usable square footage” shall have area of the same meaning as Premises or the term “usable area.” Notwithstanding anything to the contrary Building is different from that stated in this Lease, although Tenant’s Building Share and rent, rent abatements, allowances, parking space allocation and other amounts that are based on rentable area (including Tenant’s Share) shall be recalculated in accordance with that determination. On the recital recalculation of rent as provided in this Section 1.2, the parties shall execute an amendment to this Lease stating the recalculated rent. Execution of that amendment shall not be a condition precedent to the effectiveness of the recalculated rent. The Measurement Consultant’s determination of rentable area herein above set forth is for descriptive purposes only, it shall be deemed conclusive and binding upon both parties. on Tenant in the absence of manifest error and Tenant shall not have no any other right to terminate this Lease or receive any adjustment or rebate of any Base Rent or Additional Rent (as hereinafter defined) payable hereunder if said recital is incorrect. Tenant has inspected remeasure the Premises and is fully familiar with the scope and size thereof and agrees to pay the full Base Rent and Additional Rent set forth herein in consideration for the use and occupancy of said space, regardless of the actual number of square feet contained thereinPremises.
1.3 Tenant and its employees, invitees, sublessees, licensees and other representatives shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the rules and regulations referred to in Article 27 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to such reasonable and non-discriminatory rules, regulations and restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that in exercising its rights under this sentencethe event of any such Common Area closure, change, alteration or modification, except in emergency situations as reasonably determined by Landlord, Landlord shall make exercise commercially reasonable efforts to perform the same in a manner that is reasonably designed to minimize the disruption to interference with Tenant’s business operations during standard business hoursaccess to and permitted use of the Premises consistent with Comparable Buildings (as defined below). Subject to “Applicable Laws,” as that term is defined in Section 5.1(a) of this Lease, except when and where Tenant’s right of access is specifically excluded in this Lease, and except in the event of an emergency, Tenant shall have the right of access to the Premises, the Building, and the parking facilities servicing the Building and/or the Project twenty-four (24) hours per day, seven (7) days per week during the “Term,” as that term is defined in Section 2.1, below.
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